KIRKPATRICK v. COUNTY OF WASHOE

No. 12-15080.

792 F.3d 1184 (2015)

Jamie KIRKPATRICK, individually, and as the natural father and legal guardian of B.W., a minor, Plaintiff-Appellant, v. COUNTY OF WASHOE; Amy Reynolds, WCDSS social worker; Ellen Wilcox, WCDSS social worker; Linda Kennedy, WCDSS social worker, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2015.


Attorney(s) appearing for the Case

David J. Beauvais (argued), Oakland, CA; William R. Kendall , Reno, NV; Jeffrey Friedman , Reno, NV, for Plaintiffs-Appellants.

Brian M. Brown (argued) and Kevin A. Pick , Thorndal, Armstrong, Delk, Balkenbush & Eisinger, Reno, NV, for Defendants-Appellees, Amy Reynolds, Ellen Wilcox, and Linda Kennedy.

Herbert B. Kaplan (argued), Deputy District Attorney; Richard Gammick , District Attorney, Reno, NV, for Defendant-Appellee Washoe County.

Opinion by Judge BYBEE; Partial Dissent by Judge KOZINSKI.


OPINION

"Government officials are required to obtain prior judicial authorization before intruding on a parent's custody of her child unless they possess information at the time of the seizure that establishes `reasonable cause to believe that the child is in imminent danger of serious bodily injury and that the scope...

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